Entertainer friendlyjordies application to suspend parts of a defamation case brought against him by NSW minister John Barilaro is "shocking and unfair,' a court was told.
The deputy premier is suing Jordan Shanks-Markovina, known by the moniker friendlyjordies, over two videos viewed more than a million times.
The NSW Nationals leader, who is of Italian heritage, says the first video titled "bruz" insinuated he was a "corrupt conman" and had "so conducted himself in committing perjury nine times that he should be gaoled".
The YouTube comedian wants to strike out the "most serious" imputations in the lawsuit as they arose under parliamentary privilege, and have a partial stay ordered by the judge, the Federal Court was told on Friday.
Barrister Sue Chrysanthou SC, for Mr Barilaro, said the motion was "absolutely premature" and only under extreme circumstances should be granted.
"When one talks about unfairness, a stay would result in shocking unfairness to my client."
Ms Chrysanthou disputed Mr Barilaro had been under a legal-binding oath when giving evidence before a parliamentary committee.
"The entire case about perjury is hopeless. It should not have been put in writing," she said.
Shanks-Markovina's barrister Matthew Collins QC argued they could not defend against what was said in parliament unless the privilege is waived.
Mr Barilaro has objected to the defence filed four days late, requiring Shanks-Markovina to apply for court permission to admit it.
But his case was delayed while Kristo Langker, who wrote much of the material in question, was arrested and prevented from speaking about it due to his bail conditions, Mr Collins said.
"This cannot seriously be contended that any prejudices arose from that short delay."
More than $1 million has been raised to fund the entertainer's legal battle, with some to go towards Langker's defence after he was charged with stalking Mr Barilaro.
Mr Barilaro says friendlyjordies defamed him and subjected him to a "vile, racist attack" in YouTube videos published in September and October 2020.
In one video, the entertainer refers to Mr Barilaro as a "big, fat, wog c***", "greasy Ned Kelly" and "a conman to the core, powered by spaghetti".
The YouTuber admits those meanings were carried, in a wider defence pleading contextual truth, honest opinion and justification.
He is also pushing for a trial by jury with his barrister arguing much of their case should not be read through a legal prism but by how an "ordinary reasonable person," might understand.
The use of the phrase "corrupt conman" was given as example.
Ms Chrysanthou previously called the defence "defective" and maintained much of it would not hold up.
"I feel pretty ordinary, and I know what conman means and so does everybody else," she said.
"A conman is a fraudster ... uses subterfuge ... not someone who voted for something and had a conflict of interest."
Shanks-Markovina denies Mr Barilaro's reputation had been greatly injured.
Justice Steven Rares said he would would hand down his decision on the application at a later date.
Australian Associated Press